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Patna High Court

Bairistar SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and specified conditions.

Summary

The petitioner, Bairistar Sahani, was arrested on 27‑02‑2026 in connection with FIR No. 49/2026 alleging assault, robbery and other offences under the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the petitioner, along with others, attacked the informant’s family, stole a gold chain and money. The petitioner contended that he was falsely implicated, the FIR was filed a day after the incident without explanation, and no specific allegation against him was detailed. The State opposed bail, citing four prior criminal antecedents. The Court observed that there was a case‑and‑counter‑case scenario and no specific allegation against the petitioner, and therefore granted bail on a Rs 10,000 bond with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences and prior criminal antecedents
  • Whether the lack of specific allegation against the petitioner in the FIR warrants bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • assault
  • theft
  • prior criminal antecedents
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29481 of 2026
                 Arising Out of PS. Case No.-49 Year-2026 Thana- SHIKARGANJ District- East Champaran
                 ======================================================
                 Bairistar Sahani S/o- Pargan Sahani R/v- Godhiya Ps- Shikarganj Dist- East
                 Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   04-05-2026                     Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioner as well as Mr. Shantanu Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   27.02.2026 in connection with Shikarganj P.S. Case No. 49 of

                   2026, F.I.R. dated 25.02.2026 for the offences punishable under

                   Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109,

                   303(2), 352, 351(2) of the Bharatiya Nyay Sanhita, 2023.

                               3. According to prosecution case, on 24.02.2026 at

                   around 03.00 P.M, when the informant’s father and brother has

                   gone to the garden with a mango trader to spray medicine, then

                   the petitioner along with other accused persons attacked them

                   with lathi, farsa ad iron rod was there and when the informant

                   came to save his family members, the accused persons assaulted
Patna High Court CR. MISC. No.29481 of 2026(2) dt.04-05-2026
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          him also. Thereafter the accused persons snatched gold chain of

          informant’s brother worth Rs. 1, 45,000/- and Rs. 50,000/- from

          the informant’s pocket.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. The present case is counter blast of Shikarganj P.S.

          Case No. 48 of 2026. It appears from the FIR that date of the

          occurrence was on 24.02.2026 but the FIR was lodge on

          25.02.2026 i.e. after delay of one day without giving any

          explanation of delay and apart from that the present FIR has

          been filed by the informant only to save his own skin in

          connection with Shikarganj P.S. Case No. 48 of 2026. Although

          the petitioner is named in the FIR and there is specific allegation

          against him in the FIR that he assaulted to the father of the

          informant but the informant has nowhere stated in the FIR that

          on which part the petitioner had assaulted his father. He further

          submits that the petitioner is in custody since 27.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries four criminal antecedents other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner is on bail
Patna High Court CR. MISC. No.29481 of 2026(2) dt.04-05-2026
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          in the said matters.

                       6. Considering the aforesaid facts and circumstances,

          there is case and counter case between the parties and there is no

          specific allegation against the petitioner in the FIR, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Sub-

          Divisional Judicial Magistrate, Sikarahana, Dhaka, East

          Champaran, Motihari in connection with Shikarganj P.S. Case

          No. 49 of 2026, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for
            Patna High Court CR. MISC. No.29481 of 2026(2) dt.04-05-2026
                                                        4/4




                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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